re: Old Bank Records

re: Old Bank Records

Actually my post is related to a legal matter, I need a copy of the check to prove I made a downpayment to a co-operative before I was married so the property would be considered pre-marital, it's crucial to my divorce case. My STBX is falsely claiming in court that she helped me pay for it before the marriage, although she only had five hundred dollars in her bank account and wasn't working at the time. So far I can't find a copy of the check in my closing records and my attorney didn't keep a copy either. The property was mortgaged and I do have records from the mortgage company. The co-op ownership certificate is in the my name only.

I didn't call Wachovia yet, but I was thinking if they don't have the records, maybe I could contact the seller of the co-op to see if he has records of the monies he received from me at the closing.

re: Old Bank Records

'I can't imagine why it would be crucial for you to show that you wrote the check.'

My attorney wants to see a copy of the check to prove it my STBX didn't contribute money to the property purchase.

'Your wife would still have a marital interest in the equity growth from the time you were married, most of which would have accumulated since then.'

My attorney wants to show that the downpaymentand cash at closing came from a separate account that was jointly held between my mom and I. I might be mistaken, but I thought that property purchased before a marriage stays separate in NY.

'If you were married shortly after you bought the place the pre-marital equity would be insignificant compared to the marital equity.'

Yes, I was. The contract of sale was signed two months before the wedding and I'm not sure at this point if the closing was a week before or a week after the marriage. I don't know which date is more significant right now or if it matters at all since the money for purchase came from the joint account of my mother and I, and had nothing to do with my STBX.

'Since the co-op is in your name the presumption is that you bought it and the burden of proof would be on her to show any pre-marital contribution.'

That's what I thought, but my attorney said she is falsely stating that she gave me money to buy it, and he needs to prove it's not true.

'Do you have your own divorce attorney or are you going it alone?'

YES, family law attorney.

'Does she have an attorney?'

YES, family law attorney.

Are you just in the negotiation stage or are you in court already?

In Supreme Court, at the conference stage, I already lost my kids in family court, I have visitation rights, she filed abuse charges against me with many false allegations, and then dropped them, but a restraining order is still in force.